The increasing demand for identification to access online content is rapidly shifting from a hypothetical concern to a present-day reality. This trend, coupled with recent developments in age verification technologies and their implementation by major platforms, is raising significant questions about privacy, free speech, and the future of an open internet. The Electronic Frontier Foundation (EFF) is sounding the alarm, detailing these concerns in its latest EFFector newsletter.
For over 35 years, EFFector has served as a critical resource for understanding the complex intersection of technology, civil liberties, and the law. The current issue focuses on several key developments: Discord’s controversial move towards mandatory age verification, a leaked Meta memo regarding face-scanning smart glasses, and a Super Bowl advertisement highlighting pervasive surveillance technologies. These events, the EFF argues, represent a worrying escalation in the erosion of online anonymity and privacy.
Discord’s decision to implement mandatory age verification, despite a recent data breach, is particularly concerning. The EFF highlights the inherent risks of requiring users to submit personal identification to access a platform, especially given the potential for data leaks and misuse. This move, while framed as a safety measure, could create a honeypot of sensitive information, making the platform a more attractive target for malicious actors.
The leaked Meta memo regarding face-scanning smart glasses further underscores the growing trend of biometric data collection. The EFF points out the potential for these technologies to be used for mass surveillance, tracking individuals’ movements and activities without their knowledge or consent. The implications for privacy and freedom of expression are substantial.
Even seemingly innocuous events, like a Super Bowl advertisement promoting surveillance technology, are being scrutinized. The EFF notes that the ad “said the quiet part out loud,” openly acknowledging the widespread use of surveillance in everyday life. This normalization of surveillance, the EFF argues, is a dangerous step towards a society where privacy is no longer valued or protected.
The legal landscape surrounding age verification is also undergoing significant changes. A recent Supreme Court decision in Free Speech Coalition v. Paxton, issued on , has upheld a Texas law requiring adult websites to verify users’ ages. While the case specifically addressed pornographic content, the ruling’s implications extend far beyond that realm. The court applied intermediate scrutiny, rather than strict scrutiny, to the age verification requirements, potentially paving the way for other laws designed to protect children online to survive constitutional challenges. This represents a fundamental shift in the legal standard for evaluating such laws, as noted by the Public Interest Privacy Foundation.
This shift is particularly relevant in light of ongoing debates surrounding social media age verification. A case, NetChoice, LLC v. Fitch, involving a Mississippi law requiring parental consent for minors to open social media accounts, is currently being litigated. The Supreme Court has allowed the law to remain in effect while the legal battle continues. The ruling in Paxton suggests that courts may now be more inclined to uphold similar laws, potentially reversing the previous trend of blocking them on First Amendment grounds.
However, the implementation of age verification isn’t without its challenges. As highlighted in a paper from Carnegie Mellon University’s Policy & Law Journal, mandatory age verification laws raise constitutional, ethical, and practical concerns. The paper argues that these laws are constitutionally overbroad and ethically troubling, potentially undermining free expression, privacy, and equitable access to digital spaces. Alternative approaches, such as parental controls, digital literacy education, and industry self-regulation, are presented as more proportionate solutions.
The EFF is actively fighting against mandatory age verification laws, arguing that they harm free expression for all users. Rin Alajaji, EFF Associate Director of State Affairs, explains these concerns in an audio companion to the EFFector newsletter, available on YouTube and the Internet Archive. The organization encourages individuals to support their efforts by signing up for the EFFector newsletter and contributing to their cause.
The convergence of these developments – platform policies, legal rulings, and technological advancements – paints a concerning picture for online privacy and freedom. The EFF’s analysis underscores the urgent need for a robust debate about the tradeoffs between protection and privacy, and the potential consequences of normalizing age verification and surveillance technologies.
